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Washington Lemon Law
Washington
Revised Code Annotated, 19.118.005 to
19.118.170
19.118.005
Legislative intent.
The
legislature recognizes that a new motor
vehicle is a major consumer purchase and that
a defective motor vehicle is likely to create
hardship for, or may cause injury to, the
consumer. The legislature further recognizes
that good cooperation and communication
between a manufacturer and a new motor
vehicle dealer will considerably increase the
likelihood that a new motor vehicle will be
repaired within a reasonable number of
attempts. It is the intent of the legislature
to ensure that the consumer is made aware of
his or her rights under this chapter and is
not refused information, documents, or
service that would otherwise obstruct the
exercise of his or her rights.
In
enacting these comprehensive measures, it is
the intent of the legislature to create the
proper blend of private and public remedies
necessary to enforce this chapter, such that
a manufacturer will be sufficiently induced
to take necessary steps to improve quality
control at the time of production or provide
better warranty service for the new motor
vehicles that it sells in this state.
19.118.010
Motor vehicle manufacturers.
Express
warranties; Service and repair facilities.
Every
manufacturer of motor vehicles sold in this
state and for which the manufacturer has made
an express warranty shall maintain in this
state sufficient service and repair
facilities reasonably close to all areas in
which its motor vehicles are sold to carry
out the terms of the warranties or designate
and authorize in this state as service and
repair facilities independent repair or
service facilities reasonably close to all
areas in which its motor vehicles are sold to
carry out the terms of the warranties. As a
means of complying with this section, a
manufacturer may enter into warranty service
contracts with independent service and repair
facilities.
19.118.021
Definitions.
Unless
the context clearly requires otherwise, the
definitions in this section apply throughout
this chapter.
(1)
"Board" means new motor vehicle
arbitration board.
(2)
"Collateral charges" means any
sales or lease related charges including but
not limited to sales tax, use tax,
arbitration service fees, unused license
fees, unused registration fees, unused title
fees, finance charges, prepayment penalties,
credit disability and credit life insurance
costs not otherwise refundable, any other
insurance costs prorated for time out of
service, transportation charges, dealer
preparation charges, or any other charges for
service contracts, undercoating, rust
proofing, or factory or dealer installed
options.
(3)
"Condition" means a general problem
that results from a defect or malfunction of
one or more parts, or their improper
installation by the manufacturer, its agents,
or the new motor vehicle dealer.
(4)
"Consumer" means any person who has
entered into an agreement or contract for the
transfer, lease, or purchase of a new motor
vehicle, other than for purposes of resale or
sublease, during the duration of the warranty
period defined under this section.
(5)
"Court" means the superior court in
the county where the consumer resides, except
if the consumer does not reside in this
state, then the superior court in the county
where an arbitration hearing or determination
was conducted or made pursuant to this
chapter.
(6)
"Incidental costs" means any
reasonable expenses incurred by the consumer
in connection with the repair of the new
motor vehicle, including any towing charges
and the costs of obtaining alternative
transportation.
(7)
"Manufacturer" means any person
engaged in the business of constructing or
assembling new motor vehicles or engaged in
the business of importing new motor vehicles
into the United States for the purpose of
selling or distributing new motor vehicles to
new motor vehicle dealers.
"Manufacturer" does not include any
person engaged in the business of set-up of
motorcycles as an agent of a new motor
vehicle dealer if the person does not
otherwise construct or assemble motorcycles.
(8)
"Motorcycle" means any motorcycle
as defined in RCW 46.04.330 which has an
engine displacement of at least seven hundred
fifty cubic centimeters.
(9)
"Motor home" means a vehicular unit
designed to provide temporary living quarters
for recreational, camping, or travel use,
built on or permanently attached to a
self-propelled motor vehicle chassis or on a
chassis cab or van that is an integral part
of the completed vehicle.
(10)
"Motor home manufacturer" means the
first stage manufacturer, the component
manufacturer, and the final stage
manufacturer.
(a)
"First stage manufacturer" means a
person who manufactures incomplete new motor
vehicles such as chassis, chassis cabs, or
vans, that are directly warranted by the
first stage manufacturer to the consumer, and
are completed by a final stage manufacturer
into a motor home.
(b)
"Component manufacturer" means a
person who manufactures components used in
the manufacture or assembly of a chassis,
chassis cab, or van that is completed into a
motor home and whose components are directly
warranted by the component manufacturer to
the consumer.
(c)
"Final stage manufacturer" means a
person who assembles, installs, or
permanently affixes a body, cab, or equipment
to an incomplete new motor vehicle such as a
chassis, chassis cab, or van provided by a
first stage manufacturer, to complete the
vehicle into a motor home.
(11)
"New motor vehicle" means any new
self-propelled vehicle, including a new
motorcycle, primarily designed for the
transportation of persons or property over
the public highways that was originally
purchased or leased at retail from a new
motor vehicle dealer or leasing company in
this state, and that was initially registered
in this state or for which a temporary motor
vehicle license was issued pursuant to RCW
46.16.460, but does not include vehicles
purchased or leased by a business as part of
a fleet of ten or more vehicles at one time
or under a single purchase or lease
agreement. If the motor vehicle is a motor
home, this chapter shall apply to the
self-propelled vehicle and chassis, but does
not include those portions of the vehicle
designated, used, or maintained primarily as
a mobile dwelling, office, or commercial
space. The term "new motor vehicle"
does not include trucks with nineteen
thousand pounds or more gross vehicle weight
rating. The term "new motor
vehicle" includes a demonstrator or
lease-purchase vehicle as long as a
manufacturer's warranty was issued as a
condition of sale.
(12)
"New motor vehicle dealer" means a
person who holds a dealer agreement with a
manufacturer for the sale of new motor
vehicles, who is engaged in the business of
purchasing, selling, servicing, exchanging,
or dealing in new motor vehicles, and who is
licensed or required to be licensed as a
vehicle dealer by the state of Washington.
(13)
"Nonconformity" means a defect,
serious safety defect, or condition that
substantially impairs the use, value, or
safety of a new motor vehicle, but does not
include a defect or condition that is the
result of abuse, neglect, or unauthorized
modification or alteration of the new motor
vehicle.
(14)
"Purchase price" means the cash
price of the new motor vehicle appearing in
the sales agreement or contract.
(a)
"Purchase price" in the instance of
a lease means the actual written capitalized
cost disclosed to the consumer contained in
the lease agreement. If there is no disclosed
capitalized cost in the lease agreement the
"purchase price" is the
manufacturer's suggested retail price
including manufacturer installed accessories
or items of optional equipment displayed on
the manufacturer label, required by 15 U.S.C.
Sec. 1232.
(b)
"Purchase price" in the instance of
both a vehicle purchase or lease agreement
includes any allowance for a trade-in vehicle
but does not include any
manufacturer-to-consumer rebate appearing in
the agreement or contract that the consumer
received or that was applied to reduce the
purchase or lease cost. Where the consumer is
a subsequent transferee and the consumer
selects repurchase of the motor vehicle,
"purchase price" means the
consumer's subsequent purchase price. Where
the consumer is a subsequent transferee and
the consumer selects replacement of the motor
vehicle, "purchase price" means the
original purchase price.
(15)
"Reasonable offset for use" means
the definition provided in RCW
19.118.041(1)(c) for a new motor vehicle
other than a new motorcycle. The reasonable
offset for use for a new motorcycle shall be
computed by the number of miles that the
vehicle traveled before the manufacturer's
acceptance of the vehicle upon repurchase or
replacement multiplied by the purchase price,
and divided by twenty-five thousand.
(16)
"Reasonable number of attempts"
means the definition provided in RCW
19.118.041.
(17)
"Replacement motor vehicle" means a
new motor vehicle that is identical or
reasonably equivalent to the motor vehicle to
be replaced, as the motor vehicle to be
replaced existed at the time of original
purchase or lease, including any service
contract, undercoating, rustproofing, and
factory or dealer installed options.
(18)
"Serious safety defect" means a
life-threatening malfunction or nonconformity
that impedes the consumer's ability to
control or operate the new motor vehicle for
ordinary use or reasonable intended purposes
or creates a risk of fire or explosion.
(19)
"Subsequent transferee" means a
consumer who acquires a motor vehicle, within
the warranty period, as defined in this
section, with an applicable manufacturer's
written warranty and where the vehicle
otherwise met the definition of a new motor
vehicle at the time of original retail sale
or lease.
(20)
"Substantially impair" means to
render the new motor vehicle unreliable, or
unsafe for ordinary use, or to diminish the
resale value of the new motor vehicle below
the average resale value for comparable motor
vehicles.
(21)
"Warranty" means any implied
warranty, any written warranty of the
manufacturer, or any affirmation of fact or
promise made by the manufacturer in
connection with the sale of a new motor
vehicle that becomes part of the basis of the
bargain. The term "warranty"
pertains to the obligations of the
manufacturer in relation to materials,
workmanship, and fitness of a new motor
vehicle for ordinary use or reasonably
intended purposes throughout the duration of
the warranty period as defined under this
section.
(22)
"Warranty period" means the period
ending two years after the date of the
original delivery to the consumer of a new
motor vehicle, or the first twenty-four
thousand miles of operation, whichever occurs
first.
19.118.031
Manufacturers and new motor vehicle dealers.
Responsibilities
to consumers; Extension of warranty period.
(1)
The manufacturer shall publish an owner's
manual and provide it to the new motor
vehicle dealer or leasing company. The
owner's manual shall include a list of the
addresses and phone numbers for the
manufacturer's customer assistance division,
or zone or regional offices. A manufacturer
shall provide to the new motor vehicle dealer
or leasing company all applicable
manufacturer's written warranties. The dealer
or leasing company shall transfer to the
consumer, at the time of original retail sale
or lease, the owner's manual and applicable
written warranties as provided by a
manufacturer.
(2)
At the time of purchase, the new motor
vehicle dealer shall provide the consumer
with a written statement that explains the
consumer's rights under this chapter. The
written statement shall be prepared and
supplied by the attorney general and shall
contain a toll-free number that the consumer
can contact for information regarding the
procedures and remedies under this chapter.
(3)
For the purposes of this chapter, if a new
motor vehicle does not conform to the
warranty and the consumer reports the
nonconformity during the term of the warranty
period or the period of coverage of the
applicable manufacturer's written warranty,
whichever is less, to the manufacturer, its
agent, or the new motor vehicle dealer who
sold the new motor vehicle, the manufacturer,
its agent, or the new motor vehicle dealer
shall make repairs as are necessary to
conform the vehicle to the warranty,
regardless of whether such repairs are made
after the expiration of the warranty period.
Any corrections or attempted repairs
undertaken by a new motor vehicle dealer
under this chapter shall be treated as
warranty work and billed by the dealer to the
manufacturer in the same manner as other work
under the manufacturer's written warranty is
billed. For purposes of this subsection, the
manufacturer's written warranty shall be at
least one year after the date of the original
delivery to the consumer of the vehicle or
the first twelve thousand miles of operation,
whichever occurs first.
(4)
Upon request from the consumer, the
manufacturer or new motor vehicle dealer
shall provide a copy of any report or
computer reading compiled by the
manufacturer's field or zone representative
regarding inspection, diagnosis, or
test-drive of the consumer's new motor
vehicle, or shall provide a copy of any
technical service bulletin issued by the
manufacturer regarding the year and model of
the consumer's new motor vehicle as it
pertains to any material, feature, component,
or the performance thereof.
(5)
The new motor vehicle dealer shall provide to
the consumer each time the consumer's vehicle
is returned from being diagnosed or repaired
under the warranty, a fully itemized, legible
statement or repair order indicating any
diagnosis made, and all work performed on the
vehicle including but not limited to, a
general description of the problem reported
by the consumer or an identification of the
defect or condition, parts and labor, the
date and the odometer reading when the
vehicle was submitted for repair, and the
date when the vehicle was made available to
the consumer.
(6)
No manufacturer, its agent, or the new motor
vehicle dealer may refuse to diagnose or
repair any nonconformity covered by the
warranty for the purpose of avoiding
liability under this chapter.
(7)
For purposes of this chapter, consumers shall
have the rights and remedies, including a
cause of action, against manufacturers as
provided in this chapter.
(8)
The warranty period and thirty-day
out-of-service period, and sixty-day
out-of-service period in the case of a motor
home, shall be extended by any time that
repair services are not available to the
consumer as a direct result of a strike, war,
invasion, fire, flood, or other natural
disaster.
19.118.041
Replacement or repurchase of nonconforming
new motor vehicle.
Reasonable
number of attempts; Notice by consumer
regarding motor home nonconformity;
Liabilities and rights of parties;
Application of consumer protection act.
(1)
If the manufacturer, its agent, or the new
motor vehicle dealer is unable to conform the
new motor vehicle to the warranty by
repairing or correcting any nonconformity
after a reasonable number of attempts, the
manufacturer, within forty calendar days of a
consumer's written request to the
manufacturer's corporate, dispute resolution,
zone, or regional office address shall, at
the option of the consumer, replace or
repurchase the new motor vehicle.
(a)
The replacement motor vehicle shall be
identical or reasonably equivalent to the
motor vehicle to be replaced as the motor
vehicle to be replaced existed at the time of
original purchase or lease, including any
service contract, undercoating, rust
proofing, and factory or dealer installed
options. Where the manufacturer supplies a
replacement motor vehicle, the manufacturer
shall be responsible for sales tax, license,
registration fees, and refund of any
incidental costs. Compensation for a
reasonable offset for use shall be paid by
the consumer to the manufacturer in the event
that the consumer accepts a replacement motor
vehicle.
(b)
When repurchasing the new motor vehicle, the
manufacturer shall refund to the consumer the
purchase price, all collateral charges, and
incidental costs, less a reasonable offset
for use. When repurchasing the new motor
vehicle, in the instance of a lease, the
manufacturer shall refund to the consumer all
payments made by the consumer under the lease
including but not limited to all lease
payments, trade-in value or inception
payment, security deposit, all collateral
charges and incidental costs less a
reasonable offset for use. The manufacturer
shall make such payment to the lessor and/or
lien holder of record as necessary to obtain
clear title to the motor vehicle and upon the
lessor's and/or lien holder's receipt of that
payment and payment by the consumer of any
late payment charges, the consumer shall be
relieved of any future obligation to the
lessor and/or lien holder.
(c)
The reasonable offset for use shall be
computed by multiplying the number of miles
that the vehicle traveled directly
attributable to use by the consumer times the
purchase price, and dividing the product by
one hundred twenty thousand, except in the
case of a motor home, in which event it shall
be divided by ninety thousand. However, the
reasonable offset for use calculation total
for a motor home is subject to modification
by the board by decreasing or increasing the
offset total up to a maximum of one- third of
the offset total. The board may modify the
offset total in those circumstances where the
board determines that the wear and tear on
those portions of the motor home designated,
used, or maintained primarily as a mobile
dwelling, office, or commercial space are
significantly greater or significantly less
than that which could be reasonably expected
based on the mileage attributable to the
consumer's use of the motor home. Where the
consumer is a second or subsequent purchaser,
lessee, or transferee of the motor vehicle
and the consumer selects repurchase of the
motor vehicle, "the number of miles that
the vehicle traveled" shall be
calculated from the date of purchase or lease
by the consumer. Where the consumer is a
second or subsequent purchaser, lessee, or
transferee of the motor vehicle and the
consumer selects replacement of the motor
vehicle, "the number of miles that the
vehicle traveled" shall be calculated
from the original purchase, lease, or
in-service date.
(2)
Reasonable number of attempts, except in the
case of a new motor vehicle that is a motor
home acquired after June 30, 1998, shall be
deemed to have been undertaken by the
manufacturer, its agent, or the new motor
vehicle dealer to conform the new motor
vehicle to the warranty within the warranty
period, if:
(a)
The same serious safety defect has been
subject to diagnosis or repair two or more
times, at least one of which is during the
period of coverage of the applicable
manufacturer's written warranty, and the
serious safety defect continues to exist;
(b)
the same nonconformity has been subject to
diagnosis or repair four or more times, at
least one of which is during the period of
coverage of the applicable manufacturer's
written warranty, and the nonconformity
continues to exist; or
(c)
the vehicle is out of service by reason of
diagnosis or repair of one or more
nonconformities for a cumulative total of
thirty calendar days, at least fifteen of
them during the period of the applicable
manufacturer's written warranty. For purposes
of this subsection, the manufacturer's
written warranty shall be at least one year
after the date of the original delivery to
the consumer of the vehicle or the first
twelve thousand miles of operation, whichever
occurs first.
(3)
(a)
In the case of a new motor vehicle that is a
motor home acquired after June 30, 1998, a
reasonable number of attempts shall be deemed
to have been undertaken by the motor home
manufacturers, their respective agents, or
their respective new motor vehicle dealers to
conform the new motor vehicle to the warranty
within the warranty period, if:
(i)
The same serious safety defect has been
subject to diagnosis or repair one or more
times during the period of coverage of the
applicable motor home manufacturer's written
warranty, plus a final attempt to repair the
vehicle as provided for in (b) of this
subsection, and the serious safety defect
continues to exist;
(ii)
the same nonconformity has been subject to
repair three or more times, at least one of
which is during the period of coverage of the
applicable motor home manufacturer's written
warranty, plus a final attempt to repair the
vehicle as provided for in (b) of this
subsection, and the nonconformity continues
to exist; or
(iii)
the vehicle is out of service by reason of
diagnosis or repair of one or more
nonconformities for a cumulative total of
sixty calendar days aggregating all motor
home manufacturer days out of service, and
the motor home manufacturers have had at
least one opportunity to coordinate and
complete an inspection and any repairs of the
vehicle's nonconformities after receipt of
notification from the consumer as provided
for in (c) of this subsection. For purposes
of this subsection, each motor home
manufacturer's written warranty must be at
least one year after the date of the original
delivery to the consumer of the vehicle or
the first twelve thousand miles of operation,
whichever occurs first.
(b)
In the case of a new motor vehicle that is a
motor home, after one attempt has been made
to repair a serious safety defect, or after
three attempts have been made to repair the
same nonconformity, the consumer shall give
written notification of the need to repair
the nonconformity to each of the motor home
manufacturers at their respective corporate,
zone, or regional office addresses to allow
the motor home manufacturers to coordinate
and complete a final attempt to cure the
nonconformity. The motor home manufacturers
each have fifteen days, commencing upon
receipt of the notification, to respond and
inform the consumer of the location of the
facility where the vehicle will be repaired.
If the vehicle is unsafe to drive due to a
serious safety defect, or to the extent the
repair facility is more than one hundred
miles from the motor home location, the motor
home manufacturers are responsible for the
cost of transporting the vehicle to and from
the repair facility. The motor home
manufacturers have a cumulative total of
thirty days, commencing upon delivery of the
vehicle to the designated repair facility by
the consumer, to conform the vehicle to the
applicable motor home manufacturer's written
warranty. This time period may be extended if
the consumer agrees in writing. If a motor
home manufacturer fails to respond to the
consumer or perform the repairs within the
time period
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